Commercial Speech

Nov 2, 2012

More on the Original Meaning of Commercial Speech Protection

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by Mike Rappaport / 0 Comments

Filed Under: Commercial Speech, Originalism

Originalist scholar Rob Natelson writes with some additional evidence from his book The Original Constitution: What It Actually Said and Meant (2d ed, p. 174) that commercial speech was part of the Freedeom of Speech. He notes:

”A moderate Anti-Federalist …

Nov 1, 2012

Cass Sunstein and the Originalist Case for Commercial Speech Protection

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by Mike Rappaport / 0 Comments

Filed Under: Cass Sunstein, Commercial Speech, Originalism

In my last post, I criticized Cass Sunstein’s originalist case against the colorblind constitution. Here I discuss Sunstein’s criticism of Scalia and Thomas for their views on commercial speech. Sunstein writes:

Conservatives tend to believe the First Amendment requires …